GreenFire Glass Terms Of Use

RLK LLC/Green Fire Cannabis Terms and Conditions of Use

ACCEPTANCE OF TERMS

These Terms and Conditions of Use (these “Terms”) are between you and RLK LLC, doing business as Green Fire Cannabis (“Green Fire”, “we”, “us”, or “our”), and govern your access to and use of the Green Fire website (available here: https://greenfire.glass/terms-of-use), including any content, functionality, or services offered on, through, or in connection with the Site (the “Site”), and our mobile application (the “Application”) (collectively with the Site, the “Services”). Your access or use of the Services is also conditioned upon your acceptance of our Privacy Policy (available here: https://greenfire.glass/privacy-policy) (the “Privacy Policy”) and all other legal disclaimers set forth on the Services.

PLEASE READ BOTH OUR TERMS AND THE PRIVACY POLICY CAREFULLY. BY ACCESSING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SERVICES.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH GREEN FIRE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER TERMS, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

These Terms apply to all users of the Services, including, without limitation, users who are browsers, customers, merchants, vendors, and/or other persons who engage with our content. If you access the Services on behalf of a company, organization, or entity, then: (a) the term “you” as used herein includes you and that company, organization, or entity; (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind the company, organization, or entity to the terms of these Terms; and (c) you agree to the terms of these Terms on behalf of the company, organization, or entity.

CHANGES TO TERMS

1. 1. Changes to Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, remove, add to, or otherwise change or replace any part of these Terms by posting updates and/or changes here: https://greenfire.glass/terms-of-use. It is your responsibility to check this page periodically for changes to the Terms. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of any changes to the Terms.
   2. Promotional Plans. We may also offer special promotional plans, memberships, or services on, through, or in connection with the Services, that, unless otherwise indicated, constitute “Services” subject to these Terms, but which may be subject to additional or different terms and conditions from these Terms. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

GENERAL CONDITIONS

1. 1. The Services are intended for use only by persons who are at least 21 years of age who have the capacity to form a binding contract. By accessing or using the Services, you represent that you are at least 21 years of age. You may not access or use the Services if you are under the age of 21.
   2. Legal Compliance. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal (other than violations of the Federal Controlled Substances Act, 21 U.S.C. 801 et seq., incident to the Services), and international laws that may apply to you, including, but not limited to, the Washington Uniform Controlled Substances Act (Chapter 69.50 RCW) and rules and regulations promulgated by the Washington State Liquor and Cannabis Board (WAC 314-55 et seq.).

MOBILE APPLICATION

The terms in this Section apply to your installation and use of our Application.

Application Conditions. By installing the Application, you represent to Green Fire that:

1. 1. 1. You have read, understood, and agree to these Terms and the Privacy Policy.
      2. You consent to receiving communications from us electronically. We may use the Application to communicate with you through text or in-app push notices and may also communicate by posting notices and messages through any of the Services.
      3. By installing our Application, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you through the methods described herein satisfy any legal requirement that such communications be in writing.
      4. Your continued access to the Application will be deemed your continued acceptance of these Terms and the Privacy Policy, as amended from time to time.
      5. You acknowledge and agree that the availability of the Application is dependent on the third-party app platform (such as the Apple App Store and Google Play Store) from which you received the Application (“Third-Party Platform”). Each Third-Party Platform may have additional terms to which you must agree before are able to download our Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable Third-Party Platform.

Apple Application Additional Terms

1. 1. 1. These Terms are between Green Fire and you; Apple, Inc. (“Apple”) is not a party to these Terms.
      2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Application on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
      3. Apple is not responsible for the Application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
      4. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
      5. Apple is not responsible for addressing any claims by you or a third party relating to the Application or your possession or use of the Application, including without limitation (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
      6. In the event of any third-party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
      7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
      8. Apple and its subsidiaries are third party beneficiaries of this Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

If you have any questions, complaints or claims with respect to the Application, you may contact us at: RLK LLC, DBA Green Fire Cannabis, operating at 1956 1^st Ave. S., Seattle WA, 98134.

Termination of your Application Account; Removal of Application. 

1. 1. You understand, acknowledge, and agree that Green Fire may, under certain circumstances, immediately suspend or terminate your use of the Application at any time without prior notice. Cause for termination shall include, but not be limited to: (i) breaches or violations of these Terms or the Privacy Policy, or other agreements, guidelines, or rules incorporated by reference therein; (ii) requests by law enforcement or other local, state, or federal government agencies or divisions; (iii) any attempts to breach our security, private accounts, or other protected content on our Site; (iv) discontinuance or significant modification to our Site or Services or any related or affiliated website owned and/or operated by Green Fire (or any part thereof); (v) unforeseen technical, electronic, mechanical, or other difficulties or security issues; (vii) knowing, willing, and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit, or illegal activities. Following termination, we may take technical and/or legal steps to prevent you from using our Services in the future. Green Fire also reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You may remove the Application from your device at any time. Please note that any personal data or other information that we collect from you, including your devices, will be managed in accordance with our Privacy Policy. Even if you remove the Application from your device, you may re-install the Application any time unless we have terminated your right to install and use the Application.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

Accuracy, Completeness, and Timeliness of Information. While we strive to ensure that the Services and the information made available on or through the Services are up to date and accurate, we are not responsible if information made available on or through the Services is not accurate, complete or current. The information made available on or through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material made available on or through the Services is at your own risk. Historical Information. The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Services, including the information made available on or through the Services, at any time, but we have no obligation to update any information made available on or through the Services.

ACCESS TO AND USE OF THE SERVICES

Restrictions on Your Access to and Use of the Services. In connection with your access to or use of the Services, you are prohibited from:

• accessing data not intended for you or logging onto a server which you are not authorized to access;
• using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Services, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);
• using any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on or through the Services;
• attempting to probe, scan or test the vulnerability of the Green Fire system or network or to breach security or authentication measures;
• attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services or through the Services, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
• forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
• copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works of our software or content, or any content made available to you through the Services that is not your own;
• distributing viruses, malicious code, malware or any other technologies that may harm the Services or any user of the Services;
• violating or circumventing any applicable laws or regulations, or any technical measures, security measures or policies of the Services;
• violating, infringing, or breaching the rights of Green Fire or a third-party, including, but not limited to, any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity or personality, moral rights, or any other proprietary rights; or
• submitting to or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or content.

Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

1. 1. Ownership. The Services and all information, content, and materials offered on or through the Services, including, but not limited to, text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Services or accessible through the Services, other than your User Content (collectively, “Green Fire Content”), is the property of Green Fire or its licensors. No right, title or interest in any Green Fire Content is transferred to you by way of these Terms or otherwise. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Green Fire Content or the Services without our express written consent.
   2. License Grant to You. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Services solely (i) for your personal, non-commercial, and transitory use; and (ii) in accordance with the terms of these Terms. All rights not expressly granted in these Terms are reserved by us. This license does not include: (i) any resale or commercial use of our Site or Services, or any contents that we provide herein; (ii) any collection, scraping, downloading, reproducing, distributing, copying, or use of Green Fire Content; or (iii) any derivative use of any of our Site or Services or Green Fire Content. All rights not expressly granted to you in these Terms or our associated Privacy Policy are reserved and retained by Green Fire. The licenses granted under this provision shall immediately and automatically terminate should you fail to comply with these Terms or the Privacy Policy.
   3. User Content and License Grant to Us. When you transmit any information, content, materials, or data to or through the Services (“User Content”), you are not forfeiting any ownership rights you may have in the User Content. However, by submitting User Content on or through the Services, you grant Green Fire and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sell or participate in the sale of or exploit in any way, and display, in whole or in part, such User Content, including, but not limited to, throughout the world in any media, as necessary (a) to provide, maintain and improve the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly authorized by you. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you transmit, and that our use of such User Content as authorized under these Terms does not violate or infringe upon the rights of any person or entity. Green Fire will not be responsible for any loss, destruction, alteration or disclosure of your User Content. If you are a company, organization, or entity, you hereby grant Green Fire and its affiliates a non-exclusive, royalty-free, perpetual license to use your name, logo and/or trademark, without further notice, in connection with our promotional, sales, and marketing materials solely to identify you as our customer. Such marketing materials may include, but are not limited to, the Site homepage.

THIRD PARTIES; THIRD-PARTY CONTENT AND THE SERVICES

References on the Services or through the Services to any third parties or any products or services of such third parties, are provided solely as a convenience to you. We do not endorse, recommend, approve of, or make any representations or warranties regarding any third parties or their products or services. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk. You understand that your information may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We provide access to a third-party platform that allows you to place preorders for products to be picked up in our retail store locations. The third-party platform is owned and controlled by Jane Technologies, Inc. (“Dutchie”), not Green Fire. By placing a preorder, you will be required to agree to, and your preorder will be subject to, RLK LLC’s terms of service and privacy policy. 

DISCLAIMER OF WARRANTY

THE SERVICES ARE PROVIDED BY GREEN FIRE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GREEN FIRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GREEN FIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. GREEN FIRE DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE, CURRENT, ACCURATE, COMPLETE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS, AND YOU ACKNOWLEDGE THAT GREEN FIRE WOULD NOT HAVE ENTERED INTO THESE TERMS WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.

GREEN FIRE MAKES NO REPRESENTATION REGARDING THE LEGALITY OF THE MANUFACTURE, DISTRIBUTION, SALE, AND/OR POSSESSION OF MARIJUANA, ASSISTING WITH OR CONSPIRING TO DO THE SAME, OR ANY SUCH ACTIVITIES BY OR THROUGH THE SERVICE OR WEBSITE UNDER UNITED STATES FEDERAL LAW.  YOU ARE RESPONSIBLE FOR ANY CIVIL, CRIMINAL, OR ADMINISTRATIVE INVESTIGATIONS, PROCEEDINGS OR PENALTIES THAT MAY RESULT FROM YOUR USE OF THE SERVICE OR THE WEBSITE, AND GREEN FIRE EXPRESSLY DISCLAIMS ANY SUCH LIABILITY OR RESPONSIBILITY.    

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GREEN FIRE, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF GREEN FIRE, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL GREEN FIRE BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU (IF ANY) IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GREEN FIRE, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR IMPROPER USE OF THE SERVICES, OR YOUR BREACH OF ANY APPLICABLE LAW OR INFRINGEMENT OF THE RIGHTS OF A THIRD PARTY. GREEN FIRE SHALL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM AT ITS OWN COST. YOU MAY NOT SETTLE OR NEGOTIATE ANY CLAIM THAT RESULTS IN LIABILITY TO, OR IMPOSES ANY OBLIGATION UPON, GREEN FIRE, FINANCIAL OR OTHERWISE, WITHOUT THE WRITTEN CONSENT OF GREEN FIRE.

INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES

We collect and use information about you in accordance with our Privacy Policy. By using the Services, you consent to such collection and use, and you represent and warrant that all information provided by you is accurate.

LIMITATION ON TIME TO BRING CLAIMS

To help resolve any issues between us promptly, you agree to bring any claim arising out of or relating to these Terms, our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

TERMINATION

These Terms shall remain in force and effect unless and until terminated by either you or us. We reserve the right to immediately suspend or terminate your current or future use of the Services, with or without notice or liability, at any time and in our sole discretion, for any business reason or if we determine or suspect that you have breached or threaten to breach these Terms, violated any law, rule, or regulation, or engaged in other inappropriate conduct. You may terminate these Terms at any time by providing written notice to us, via email to EMAIL ADDRESS. Upon termination of these Terms, you must immediately discontinue use of the Services. Even after your rights under these Terms are terminated, all provisions of these Terms that by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.

MISCELLANEOUS TERMS

1. 1. Changes to the Terms and Privacy Policy; Changes to the Services. From time to time, we may make changes to these Terms and/or our Privacy Policy. When we make material changes, we will do our best to notify you through a prominent notice on our site. Continued use of our Site and/or and of our Services following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Green Fire reserves the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate, temporarily or permanently, the Services, and any part thereof, with or without notice to you. Green Fire shall have no liability to you or any other person or entity for any modification, suspension, or termination of the Services or any part thereof.
   2. Consent to Electronic Communications. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Services or through the Services, satisfy any legal requirement that such communications or agreements be in writing.
   3. Assignment. You may not assign your rights under these Terms without the prior written permission of Green Fire and any attempt by you to do so shall be null and void. Green Fire may assign these Terms or delegate its rights or obligations hereunder in its sole discretion.
   4. Waiver. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.
   5. Severability. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
   6. Relationship of the Parties; No Third-Party Beneficiaries. Green Fire and you are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between Green Fire and you. There are no third-party beneficiaries to these Terms.
   7. Governing Law; Forum; Waiver of Jury Trial. These Terms will be construed in accordance with and governed exclusively by the laws of the State of Washington applicable to agreements made among Washington residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles. Except as otherwise expressly set forth in Section 15.8 (“Dispute Resolution”), Green Fire and you consent to the exclusive jurisdiction and venue of the state and federal courts of King County, Washington, for any Disputes (defined below) that you and Green Fire are not required to arbitrate, and you and Green Fire each waive any objection to jurisdiction and venue in such courts. EACH PARTY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS AND YOUR USE OR NON-USE OF THE SERVICES.

 

DISPUTE RESOLUTION FOR DISPUTES RELATED TO “SERVICES,” “TERMS,”  AND ALL OTHER MATTERS IN THESE AGREEMENTS

1. 1. Mandatory Arbitration of Disputes. YOU AND GREEN FIRE MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE ACCESS TO AND USE OF THE SERVICES, THESE TERMS, OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT OR INTERPRETATION THEREOF, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (COLLECTIVELY, “DISPUTE”) WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING. You and Green Fire agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Green Fire are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
   2. Exceptions. As limited exceptions to Section 15.8(a) above: (i) you or Green Fire may seek to resolve a Dispute in small claims court if it qualifies; and (ii) Green Fire retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of Green Fire intellectual property rights.
   3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org.

If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in Seattle, Washington, and you waive any right to contest this jurisdiction by argument that the forum is inconvenient or otherwise. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

 

1. 1. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party will bear its own attorneys’ fees and costs in any such arbitration and you agree not to seek to recover such costs in any such arbitration.
   2. Class Action Waiver. YOU AND GREEN FIRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 15.8 shall be null and void.
   3. Severability. With the exception of any of the provisions in Section 15.8(e) of these Terms, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
   4. Entire Agreement. These Terms, including all agreements referred to and incorporated herein (including the Privacy Policy), set forth the entire understanding and agreement between you and Green Fire regarding the subject matter of these Terms, and supersedes any and all other oral or written agreements or understandings between us regarding your access to and use of the Services.

Terms of Text Message and Email Program

This is a binding agreement between you and RLK LLC, DBA Green Fire Cannabis (hereinafter “Green Fire Cannabis,” “We,” “Us,” “Our”) is offering a text messaging and emailing program (the “Program”), which you agree to use and participate in subject to these Text Messaging Terms and Conditions and our Privacy Policy (the “Terms”).  By opting into or participating in any of our Programs, you accept and agree to our Privacy Policy and these Terms, including, without limitation, your agreement to resolve any disputes with us or with any affiliates, subsidiaries, parents, members, shareholders, agents, officers, managers, directors, representatives, heirs, executors, successors and assigns through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.    

Modification of Terms:  We reserve the right to revise these Terms from time to time.  If we do revise these Terms, the revised terms will supersede prior revisions.  Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms.  Any updates to these Terms shall be communicated to you by mobile message with a link to the updated Terms.  Your continued participation in the Program after receiving notice of the updated Terms constitutes your acceptance of any revisions.  If you do not agree to the revisions, you must opt out of the Program. 

User Opt In: The Program allows users to receive mobile messages by affirmatively opting into the Program.  Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “STOP ALL” to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out.  Alternatively, you may opt out of the Program by sending and email to: Contact@GreenFire.glass.  You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the telephone number or email address used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the telephone number.  You understand and agree that your agreement to do so is a material part of these Terms.  You further agree that, if you discontinue the use of your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the messages We send, as a result of claims brought by the individual(s) who is later assigned that telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AFFILIATES, SUBSIDIARIES, PARENTS, MEMBERS, SHAREHOLDERS, AGENTS, OFFICERS, MANAGERS, DIRECTORS, REPRESENTATIVES, HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED. 

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning Our commercial activities and your relationship with Us, including, but not limited to, messages concerning your Green Fire Cannabis account, product updates, and other messages concerning product advertisements and promotions of any kind. 

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.  You may receive multiple text messages daily.

Support Instructions: For support regarding the Program, visit us at a retail location or email Us at Contact@GreenFire.glass. 

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your carrier.  We will not be liable for any delays or failures in the receipt of any messages connected with the Program.  Delivery of messages is subject to effective transmission from your service provider/network operator, and is outside of Our control.  T-Mobile is not liable for delayed or undelivered mobile messages.

Age Restriction: You may not use or engage with the Program if you are under twenty-one (21) years of age.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of twenty-one (21).  By using or engaging with the Program, you also represent that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program. 

Truthful and Accurate Information:  When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

• Privacy Policy:  When you choose to participate in the Program, your personal information will managed in accordance with our Privacy Policy.

Dispute Resolution for Texting and/emailing Platform – Binding Arbitration: In the event that there is a dispute, claim, or controversy between you and Us, any affiliates, subsidiaries, parents, members, shareholders, agents, officers, managers, directors, representatives, heirs, executors, successors and assigns, or between you and our third-party text messaging platform provider, or between you and any other third-party service provider acting on Our behalf to transmit text messages, whether or not it relates to text messages sent before or after you entered into this agreement, arising out of or relating to any federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Pierce County, Washington, before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect.  Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Our principal place of business is located, without regard to its conflict of laws rules.  Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement.  In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court.  The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA.  Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.  The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. 

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.  The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.  Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing.